>> we have to end the show like that? >> thank you very much for joining us today on "fox & friends." the news continues right here on the channel with bill and martha. we'll see you back here tomorrow, same time. >> we have a second left. >> let's again with a fox news alert. he was convicted of killing to teenager breaking into his house. you will hear the moments of the phone call that the jury heard. i am bill hemmer. >> i am in for martha maccallum. healther childers. byron smith shot the teenagers nine times and the recording played in court but not released to us until now.

>> reporter: we should warn the viewers this would be a good time to get the kids out of the room. the audio is very real. this is evidence that smith set-up in his home and played a major role in his conviction. [shooting sounds] >> you are dead! >> now we left out the sound of the killing of the second burglar. that is a little harder to listen to. if you want to seek that out you can find it at our website. smith is 64 years old so even with parole it is unlikely he is going to ever get out. >> was the reaction to the verdict as divided as opinions in the town have been? >> reporter: it really was. the people who support smith say

this sends a message it is a open season for home invasion. family members of the teenagers say they got justice but don't feel happy. >> justice was served today in the verdict and i thank you. >> rob houses, kill windows, threaten to kill people, wear camouflage, kick in doors, and you better run for your life because that is the message i got. >> reporter: the defense counsel for smith says a lot of evidence was kept from the jury. evidence that shows brady had items stolen from smith's house

and brady had weapon and the jury never heard that and it will fuel the appeal. >> we will talk more about this later. u.s. economy slowing down drastically. .1% on gdp between january-march. that is the weakest number since the end of 2011. chris style well is here. good morning. blame it on the weather? >> well, i would say these numbers match the weather in washington today. gloomy and kind of oppressive because what americans are looking for, especially the politicians in the city, was that the economy wasn't getting good but getting better and going up. the fact it is going to wrong direction, democrats and

administration can be expected to blame it on the winter but ec economist think there might be more. we saw the reports of the low wage jobs coming in to replace the good jobs that were present and that is getting people thinking about november. >> we will see how the stocks react and stuart varney is coming in to. and new emails on the benghazi event. charles crad hammer says this is evidence of the cover-up. >> we have the smoking document, which is the white house saying we are pushing the video because we don't want to blame it on the failure of our policies, which is what anybody who looked at this assumed all the way through. >> this is ben rodes in an

e-mail on that saturday before the talk show round-robin. underscore these protest are rooted in an internet video and not a failure broader of policy to reinforce the president's strength and steadiness in dealing with challenges. >> if we knew then what we know no there is a chance this president might not be president because this went to the central argument that democrats were making. general motors is alive, the american economy is economic back and al qaeda is headed to the exit. they worked hard to suppress to damage the reality for the administration which was al qaeda and militant islamism was

on it's way back and this was going to be bad news. so the discussion is forever changed on benghazi because of what we know now. we know why the white house didn't want to share this. and never again will the democrats be able to say they were not doctored. >> the house republicans might have a feat on this. what does this mean for hilary clinton in 2016 did you believe? >> here is what i believe. i believe that hilary clinton has been struggling to explain to americans what she did as secretary of state. she and her supporters haven't been able to point to clear accomplishments. most american voters can tell you about clinton's tenure and

that was the benghazi occurred and now we know the cover up. and this doesn't look for a candidate who is not willing to sacrifice her own advantages to the do the right thing. >> chris, good to have you. we will check out your newsletter online. a state of emergency declared in florida as the storm that slammed the south is dumping massive amounts of rain on the sunshine state. serious flooding forcing people to seek shelter in their attics at the water is rising rescue teams are using jet skies in some neighborhoods. and alabama is cleaning up after 25 twisters. jonathan is live. flooding is still an issue even with the rain stopping?

>> reporter: yes because of the run off. the issues are causing headaches for the first responders in the panhandle and the coast of alabama. many roads are not passable so it is making it difficult to get equipment in the staging areas. governor rick scott declared a state of emergency in 26 counties impacted by the rain >> what is the situation like where you are? >> we're in the golden acres community here and you can see a tree down on a mobile home. the owners have moved away. they are not here. but their neighbors are and they have been going without electricity since monday.

you can see the crews hard at work down the road crews restoring electricity. but some things never return. the university of alabama is mourning the loss of a 21-year-old swim team member who was taking shelter in the basement of a home during the storms with a retaining wall collaps collapsed. he was on the dean's list and the sec academic honor roll. so a student athlete in every aspect of the terms. >> a lot of lives lost and people injured >> 8-10 inches of rain is tough, tough, stuff. >> my aunt lost her house in north carolina. two trees through the middle of it. >> is she okay? >> she is fine. >> family all right? >> good. >> good. it is getting more expensive.

the company in charge of costing the obamacare saying it will cost $120 million. all of that money for what? >> and new developments in the death of holly bobo. >> and will don sterling sell the team? jim gray talked to him and he is on deck next. >> i felt the pressure on my players. i thought that was the sigh of relief that we needed. relief that we needed. nah, i'm good. [ male announcer ] celebrate every win with nicoderm cq, the unique patch with time release smartcontrol technology that helps prevent the urge to smoke all day long. help prevent your cravings with nicoderm cq. the expedia app helps you save with mobile-exclusive deals that helps prevent the urge to smoke all day long. download the expedia app

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we are learning it is going to cost more money to fix the troubled obamacare website. the new contractors says the price tag will be $121 million dollars to get the site friday the second enrollment period.

they were brought in after the original contractor was fired. republican leaders blasting this latest contract that cost $30 million more by the way than the previous one. >> effective immediately i am banning mr. sterling for life from any association with the clipper's association or nba. he may not attend nba games or practices. he may not be present at any clipper's facility or participate in business or player personal decisions involving the team. >> that was the nba commissioner, adam silver, announcing the punishment. the clipper's showing unity last night with a large crowd

watching them defeat the golden warriors. many are wondering what sterling does next. the commissioner wants to force him to sell the team but sterling says that will not happen. you went to the game, what was it like some >> the fans were happy. jesse jackson spoke to many of the players and chris paul, the head of the player's association told the players he was proud of them and felt dr. king would be proud and they chose dignity over dollars. the players were forced to react to the comments of their owner and putting them in this decision was difficult. they met for a long time in the

huddle and went out and played the game and feel this could be behind them. as far as the fans are concerned the theme for clippers is we are run and everyone seemed to be one. >> you talked to sterling. did you talk to him after that? >> before the announcement i talked to him. he was unaware of what happened and he said he is not selling the team. and i called him afterwards and asked for his reaction and he said i am not getting into it and i said do you have regret and he said he has no comment. >> when does he comment? >> i am not sure what he can comment on. he hasn't issued an apology. he has acknowledged to the commissioner it was his voice.

his next step is i am not a crisis management guy but you know how you dig yourself out and i don't know if there is ever enough passage of time. usually that gets it better but i don't think it will. he has fought the nba before. he moved the team from san diego up to los angeles and he has been involved in several housing discrimination suits with the justice department. many settlements. sexual harassment. he is a difficult guy and does what he wants to do the way he wants. if he wants to stand by not selling the team i am not sure how long the process can take and how things go into the court of law. the nba doesn't have anti-trust exemption so i can imagine this

will be a big fight. but at the end of the day, we cannot win this. the sponsors will make him bleed, fans stop showing up, and games won't play him and most important is he is never getting another player to play. he will not attract enough players to fill here and come and fill out the roster and the only ones coming are it ones who are drafted and must come. >> a series of possibilities here now. is the commissioner strategy going to work based on the answer of freezing him, shutting him out and the pressure building until he has to sell the team? that the the strategy? >> yes, and i believe it will work. adam silver handed his beautifully and he is getting word wide acclaim.

and dock rivers as well. for the dignity and the way he handled this and chris paul. how they came together. i have never seen as much universal condemning. it has been remarkable in the way that everybody game to together. >> can sterling fight this in any way? does he have any recourse or is the commissioner's word final? >> he can fight it in a court of law and continue to fight. the nba has threatened and i believe has the ability to declare all of his players free agents. if they get a three quarter's vote, 29 teams voting, because the clipper's wouldn't go along with that while still his

possession. they can start stripping his players and i guess he can go into the a court of law and say it is illegal to seize my property. i guess we will have to find out if that is what he is going to do. i don't believe at his age that is where he is going. i believe, and this is my personal belief and not based on anything he said, he will like to preserve the team for his ex-wife shelly who showed up at the game and dock rivers said he was happy she was there and feels terrible for what she had to go through. so i believe donald sterling would like to preserve it for his family >> bought it for $12.5 million and can sell for more than a billion now. quite a return. >> that is possible, too.

>> jim gray in la. thank you. coming up, we are not done. the senate is set to vote on the plan to hike the federal minimum wage. will that create jobs, bill? >> and a new twist in the case of a missing student. the new arrest in the holly bobo case that could change the story >> we believe individuals out there have information and possible involvement and i think this sends a clear message to them that they should be expecting a knock at their door soon.

haolly bobo a

a second arrest made in the death of holly bobo who is a 22-year-old nursing student from tennessee who vanished three

years ago. this guy, jesse wane has been charged with kidnapping and murder. they have have missing answers. >> we haven't located the body. we are working on it. we believe more people have information and involvement and more announcement. >> zack adams was the first suspect charged and he is charged with trying to stop a witness from talking. the senate is set to vote on the president's plan to boost the minimum wage. the president is set to speak to push lawmakers again to push up the minimum wage to $10.10.

peter deucey is live. how long until we know the fate of the minimum wage bill? >> we should know in three hours. they will hold a vote to proceed on tom harkins bill that will raise the minimum wage up to $10.10 over 30 months. here is how supporters in the democratck party are framing. it senator booker says we live in a nation that is not fulfilling its promise to the people and anyone willing to play hard and invest sweat equity makes it in the county. harry reid hasn't said if they will change any of the bills. >> we can hear it is pouring

rain but you do expect that will not keep them from voting. what kind of republican support does it have? >> you have bob corker who says he might vote to let the debate continue but that is about it. republicans think they have numbers from the non-partisan congressional budget office that show if the minimum wage is lifted it could lift 900 people out of poverty but eliminate half a million jobs as well. >> last week i spend running around my own congressional district and heard the shaame thing i have for five years: where are the jobs. i think the policies coming from this administration are causing the economy not to grow and the number of jobs we need not to occur. >> reporter: the debate is between lawmakers who think

raising the minimum wage is a moral issue and people that think it will hurt small businesses. >> we will see what side wins out. peter deucey joining us life. rain falling on my shoes. new numbers on the economy stirring fears of another recession. stua stuart varney reacts. >> and the young man who was accepted at all of the ivy leagues colleges is about the make the choice of a lifetime, bill. which one do you think? when laquinta.com sends him a ready for you alert the second his room is ready, ya know what salesman alan ames becomes? i think the numbers speak for themselves. i'm sold! a "selling machine!" ready for you alert, only at lq.com.

about 30 minutes go, fax news alert on terrible news for the economy. economic growth -- moving -- at a snail's pace. stu stuart varney is here and they are talking about a double dip recession. >> you used the right word. terrib terrible. 2.5% down to 1.5% the trend line looks down. we had a rotten winter. in part it was the weather.

but there are other factors at play. the housing market stalled, exports dropped 7%. $87 billion on shelves unsold. this is bad news for president obama because his policies are being called into question and if they are to blame for the stagant economy. >> you are hearing about a double-depositi double-depositiip recession? kevin brady, republican from texas, chair of the joint economic committee, said the time has passed for the federal government to get out of play and get the people get back to work. what policies are preventing further growing? >> intense regulations, higher taxes plus obamacare. all of that hems in the private sector. it restricts it and sits on the

private sector to prevent robust growth. is it the job's market? no it is stagant. we are not creating enough new jobs. housing market? no. obamacare? no, that is a negative. minuscule growth. .1%. how do we get out of this rut? nothing on the horizon says we will rebound. this is another year where hopes of a recovery has been dashed. >> we will look back at this. .1%. did anyone expect that? >> no. it was 1.2% growth. they figured it would be bad because of the weather. no body was expecting .1. >> 11 a.m. eastern time.

thank you, sir. on the heels of the delayed decision of the keystone xl pipeline. the ea saying they will not issue regulations on power plants fueled by coal until after the election. the republicans accused of playing pop politiced. adam comb and brad is here. brad, is the epa playing poli c politics? >> of course they are. remember obama said prior to ris reelect to the president of russia i will have more flexibility after the election. he is telling the democrats i hear you, don't worry. obamacare, keystone pipeline and

now coal admissions. the president of the united states is using his power and influence to change the outcome of an election. you can fool some of the people some of time but not enough this time. it is reflected in his poplarity. >> senator inholf is the one that brought all of these allegations. he wrote a letter and let's look at it. he says is appears in the delay in the publication may have been done to lesson the impact of the president's harmful policies on the mid-term election. he said the epa is electionering with climate rules. did you believe that to believe the case? >> yes. i actually think they are playing politics.

there is a flip side, too. james inholf is the biggest climate denier in the house and congress. he makes more money, the sector that gives the most money is oil and gas. he gives $315,000 from them over the last five years. he is playing politics, too, who don't want any regulations. the epa is playing politics but so does inholf. >> we are saying do what is right for the people. it is better to rely on oil sources and partner with canada versus countries that don't like it us. you are taking money to help america. drill, baby, drill. >> i am going to grill now.

>> if you can strike oil, i am with you. >> you have 39 obamacare delays and administrative fixes. a lot of delays not going into affect until after the mid-term election. 595 days since the attack on september 11th. one year, 7th months delayed. >> are you talking about benghazi again? >> there is no delay. >> we have the irs. the questionable circumstances of playing politics and targeting conservative groups. alan, what is all of that as a whole say to you about the administration?

>> the investigation has shown there is no scandal in the benghazi situation. the irs shows progressive groups were targeted and not just tea party groups and the person that did it was a republican saying he wasn't targeted based on politics. i will agree the epa is delaying and playing politics. same thing with the pipeline. they should make the decision to stop this and install the regulations and they are playing politics. but let's not pile it on where everything is a big scandal. >> brad, you get the last word. >> the american people are smart as it is shown in the president's poplularitpopularit. the president is stalling and creating uncertainty and that is why the democrats are going to get trampled in november.

but it up to the republicans to come up with better ideas. >> the ball is in their court. >> one student about to make a big decision and that happens today. the high school senior who was accepted to all eight ivy league schools. he is 17 and wants to be a doctor. he is a really smart kid. i cannot believe ohio isn't one >> or chapel hill. >> do you think he knows about tar heels and aware of a red hawks? >> who wouldn't be. and that you went to school there. reason alone he should go there. in other news, an inmate on death row and a botched execution. what happened to this man that had the governor calling >> and brand new polling

suggests trouble for democrats and karl rove weighs in on the numbers that has democrats worried. >> i saw that poll and my day started out as good as donald sterling. it wasn't too good.

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sad news from hollywood. actor bob atkins has died after a bout of numoa pillillness. he is known for his role in who framed roger rabbit. dead at the age of 71. new trouble for democrats in november. washington post polling shows 53% of americans think it is most important that republicans

act as a check against the president's policy and 39% say it is more important crast democrats support them. and that has some concerned: >> i saw that and my day started out as good as donald sterling. if i saw that in the abc post is generally respected. sometimes they can be off. i will wait until the next one before i get the razor out. >> and here is karl rove. i have a lot of stuff i want to motor through. pol politically speaking when they want a check on the executive branch because of history what does that tell you? >> if you look at the same question before the 2010 election the same 39% said they

would support a president and you saw how 2010 turned out for the democrats. 63 in the house and 6 in the senate. they could have 6-8 seats in the senate if they stay the same. >> the approval rating is dropping. the lowest the "washington post" has found to date. and on the handling of the issues how to people rate the president. ukraine, health care and economy and all three low. 34% on ukraine, 37 on health care and 42% on the economy. on health care specifically, this poll found that 58% believe the new law is causing cost to go higher. i think that is important is we knew the trend line for health

care and democrats made the argument you needed to bring that down and they have argued they have slowed the growth of health care. now that you own it and conclude it isn't getting lower or becoming cheaper who do you blame? you blame the white house. >> you blame the people that promise you if your premium is passed it would drop for a family of four. but instead they are going up. people in the exchanges are getting benefits but a lot of are getting significantly higher premiums and deductibles so health care is costing them more. i would like to make two points about the bad numbers for democrats in this poll. they are bad. but what is worse is if you put them in context. the president's job proval is at 41 and the lowest on record and lower than the 2010 election.

same in the wall street journal nbc poll. numbers are lower than on the eve of the 2010 election. they are in bad shape today and unlikely to get into better shape. gallop, which has the biggest data set, only one president saw an increase from the spring to the fall of the second term, and that only happened once. >> do you point to one thing, or a series of things leading to this? if you walked up to obama and said the numbers are terrible

and they are terrible because -- >> the biggest issue is the economy. people don't believe the economy improved. their only personal circumstances haven't improved. this is the first economic recon which the median imcome dropped. and health care is the second one. this is a big negative and i believe only getting worse before the election. is the president focused on the economy and health care? no, he is focused -- go to the white house website. it is focused on equal pay, campus sexual assault and raising the minimum wage when most don't think any of those have to do with making prosp prosparity and giving them a good job and pay check or coping with the health care mess. >> why are they doing that? >> they are trying to get the

democr democr democratic base exited. 23% approve of it president and the president is trying to even this up so on the margin save some democrats who would otherwise go down. we will talk later in the week. a growing debate about the country's role in the world. american americans are ready to take a hands off approach. >> and what happened during this execution and why the death sentence for another prisoner has been delayed. avo: wherever your journey takes you the expedia app helps you save with mobile-exclusive deals

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a convicted killer from oklahoma dies after a botched

execution. prison officials ordered the execution of clayton lockett halted after a drug combination left him struggling and gasping on the gurney. he was pronounced dead from a heart attack. do we know what went wrong? >> we have an idea. this adds to the controversy. most states give three drugs. one knocks them out, then their heart and then their breathing in that order. the vein of the inmate or the drip line failed on the inmate in oklahoma. there is questions on which one it is. it halted the execution and so the execution was part way

completed. he died of a heart attack in the process of after the execution was halted. so it is something that is causing controversy. this is how the oklahoma officials explained it: >> there was concern at that time that the drugs were not having the effect so the doctor observed line and determined that the line had blown. >> the line had blown again and they say that could have a problem with the vein. clayton lockett was convicted of attempting to killing a 19-year-old and watching her being buried alive. >> adam, you have witnessed two executions in california. what is is going on in other states? >> the problem is this. you have some states adopting a one-drug lethal injection plan. in california, williams was one of the more controversial

inmates put down and only one since him. when he died, a lot of people said that should not happen. but the three-drug combination is being argued to not work. so states went to a one-drug plan. but now companies don't want to make it because they said it was for people to live longer not meant to be used for execution. this stokes this problem with states that do want to administer the one or three drug combination and puts inmates down. his bolsters the opposition once again. >> adam housely, thank you. she maybe out of her job but kathleen sebelius said she will be cutting back on congressional hearing. do the republicans have a way of changing her mind? >> a group of airmen getting the recognition they deserve more

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finally receiving the prisoner of war metal. what a story this is. welcome, everybody. martha has some time off today. heather: the veterans long denied pow status. they were captured. bill: molly, where were they headed, first off? >> a prisoner of war camp in switzerland since they were neutral in world war ii and since the u.s. was not officially at war, these men were not eligible for the pow medal. but that is now changing. 135 men part of u.s. army air force crash landing in switzerland during bombing over germany are being awarded the prisoner of war metal.

only eight are still alive. the men were initially held at a camp, but they tried to escape they were transferred to the prisoner of war camp in switzerland, which was run by the nazi. they were kept in unsanitary conditions, had little to eat, slept on straw and rated with numerous diseases. bill: molly, something changed to the policy in order for these medal to be awarded. it came with great effort to make sure the record was straightened out. reporter: absolutely, bill. they saw this as an injustice and did some research on the prison camp in u.s. law governing prisoners of war medals. a history professor at west point fought for the change. making a point they were as much of a prisoner of war camp in switzerland and not germany or

japan. on behalf of his late grandfather who was a pilot. saying in a statement of the men held in switzerland, i thought it was important to overturn the dishonorable stigma on their service. all of my family is extremely proud of what my grandfather did. i have honored his legacy and the legacy of all of these men are trying to correct history. part of the narrative was these are men purposely landed their planes in switzerland and became preservers. now the real stories coming out as they are held in a prisoner of war camp. bill: thank you. when the ceremony gets underway, we will dip in for that. appreciate it. heather: long overdue for those heroes. as we await the ceremony, there are new questions whether americans even want to get involved in world affairs.

47% want the u.s. to play a less active role. just 30% think we have got it right at the current level. 19% think we should be more active. deputy assistant secretary of defense in the reagan administration. as we take a look at this ceremony about to begin, why do you think these men about to be honored have to say about this poll that says we should be less active in world affairs. >> they know freedom isn't free, every generation we have to fight for it again. they fought for it, it is about time america honors them for it. at the same time, they have seen world war ii, our emergence in the war victorious, superpower on the world stage and america withdraw after a war. we did it after vietnam, some of

those wars ended. what we're seeing, let's come home. it is a normal reaction especially in the last 15 years with two failed wars and an apology tour where america was humiliated on a world stage. heather: let's talk more about the apology tour obama has been accused of. another poll asked president obama's handling of foreign policy, how do you feel of that. 53% disapprove, 38% approved. so these numbers melded with the ones we just spoke about. this is another reason they don't want to get involved because they don't think our president is doing a good job. >> if every time you go out and get mugged, you're going to stay home and hunker down at home. eventually you will come back out because you will be tired of

hibernating at home. america has had a difficult 15 years. with rightful purpose we went into the middle east to take al qaeda. we invaded iraq. we have had a president who seems to think america should retreat from the world stage and america shouldn't be the world's superpower. that has not gone well. we will come home, lick our wounds, two or three years we will be stronger than ever lead by the energy boom which will make us the world leader once again. heather: this op-ed in "the new york times" called "stop whining, mr. president." she referenced his four-day tour in asia, in manila he became a little aggravated with the philippine president we can say. he said you hit singles, you hit

doubles, everyone's in a while you may be able to hit a home run. is that appropriate for our president to be saying? shouldn't we always aim for a home run? >> he is in the dugout cowering hoping the enemy goes away. the important thing they said in that brilliant column was stop whining. we elect a president to deal with things, not to say it is so hard on more difficult than ever before. look at the people fighting and bleeding for america, going to prison for america, do you think they are whining, do you think they are complaining? as far as i can tell, it is a tough job, but you wanted it, now do it. heather: one of the issues he is dealing with is the situation in ukraine and just crossing the wire, republicans coming out with a plan at noon for what they will do, what sanctions,

what actions need to be taken. how do you think the president has responded to that situation, and what should he be doing? >> the president keeps setting up these strawman arguments. look at the polls we have been talking about. a big space between war and doing nothing. that is where successful foreign policy is conducted. it hasn't seemed to change their behavior. go to the energy sector, help europe get off this addiction to national debt. we can do that if we allow terminals to be built in the united states. hit them where it really hurts, their economy. a couple of obama pals who will not have these us.

heather: 45% of the american public agrees with you. disapproves of how he has handled that so far. we appreciate it. bill: think about those men. for 70 years they were fighting. to make the record stand the way it will after today. remarkable. heather: yeah. bill: hats off to them. nine minutes past the hour be at she is he faced of the botched obamacare. now kathleen sebelius reportedly saying she refuses to testify before congress. can she do that? plus this. >> if this is not a smoking gun proving beyond a doubt the story told by the administration about them ghazi was politically motivated and fabricated, nothing will ever prove that. heather: new e-mail surfacing showing the white house was directly involved in shaping the

benghazi story that turned out to be flat wrong. trey gaudi joins us with his reaction. bill: byron smith accused of killing two teenagers breaking into his home. the chilling recordings we are hearing for the first time that decided this case for the jurors. in moments. >> he sees people who are extremely violent, don't care about the law, don't care about anything but themselves. they are high on drugs. >> killed over nothing.

when laquinta.com sends him a ready for you alert the second his room is ready, ya know what salesman alan ames becomes? i think the numbers speak for themselves. i'm sold! a "selling machine!" ready for you alert, only at lq.com.

heather: a deadly crash shutting down part of a highway in illinois. during off the road slamming head-on to an overpass. littering the interstate with debris. no word yet on what may have caused that crash. bill: packing their bags and

allowing them to testify on the hill. kathleen sebelius wants to read testify next week, but she says she will not attend. jonah, good morning to you. can you do that, can you say no? i am just not going to go. >> let's be a little humane about this. it is totally understandable why she wouldn't want to go back. i don't think she ever had a good experience before that committee. like saying do you want to get another root canal. that said, don't know if she can do this. at the end of the day to be sure congress can't compel her to come, subpoena her if they have to and you get a big fight between the administration, but my suspicion is she doesn't want to go because it is such a terrible experience and whenever she goes it gets obamacare back in the news and this

administration is sick of having obamacare in the news. bill: report on the website, keeps on going higher. handling the next round, is that right? >> that's right. it will cost more to fix obamacare than it cost to build the obamacare website. not even counting the unbelievable millions poured into the oregon website, which never signed up a single resident of oregon to the health care rule. that will be taken over by the fed. my suspicion is kathleen sebelius, who is associated with the absolute failure of the obamacare rollout in terms of the website part of it, the administration is not eager for her face to be there anymore and she is not eager to be up there catching arrows and all of the rest from the committee.

she wants to drag it out as long as she can. bill: you would rather be at the dentist. but the numbers do not lie. $94 million to build it, you are $30 million over already. it already costs more money than anybody says. >> the scandal where people put on a secret list who eventually die because government run health care bureaucrats didn't want to get in trouble and lose their bonuses and all the rest. in terms of the cost for the obamacare website, we are going to see a lot more of this before everything is said and done. the white house is eager to have this come in and at least seem like a voice of confidence and say i did not create these

problems, a better storyline for this administration than anything that kathleen sebelius covered. bill: on the screen for our viewers, that doesn't seem to be a light at the end of the tunnel for obamacare website expenses. some say they are abandoning their own sites handing the bills. that only gives more targets to shoot at. >> it is worth pointing out. they like to say this is all about partisanship. this is also red and butter oversight when bureaucracies utterly fail the way they have, the normal response from good government liberals is congress needs to intervene and do oversight and get to the bottom of things. the only failure in government action is obamacare where they

can basically raise waste money. anything to draw attention to this is partisan. bill: 58% blame the law with the cost going higher. now that your name is hanging on the law and health care costs continue to go higher, who is going to get the blame? >> one of the effects of the affordable care act making the health care more affordable, any changes in the health care system even if they are not the result of obamacare will be blamed on obamacare because the one thing they were told by democrats and republicans alike is barack obama transformed the american health care system. anything that goes wrong, people will associate that transformation. bill: thank you, sir. heather. heather: coming up, the

congressman says he is not going anywhere. nancy mcallister shrugging off calls to resign even from inside the parties highest rank. the fight to get him out of congress is next. bill: a crazy scene up north, a wall of ice. heather: it does not feel like may. ♪ honestly, i'm pouring everything i have into this place. that's why i got a new windows 2 in 1. it has exactly what i need for half of what i thought i'd pay. and i don't need to be online for it to work. it runs office, so i can do schedules and budgets and even menu changes. but it's fun, too -- with touch, and tons of great apps for stuff like music, 'cause a good playlist is good for business. i need the boss's signature for this.

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homes. >> first was across the road, it was getting covered up, and the trees. bill: that is as bad as it gets up there. it was cold in new york yesterday. heather: not that cold. those folks don't want you to say it is col called up here bet bill: it can't last forever. heather: new calls for louisiana congressman to resign amid a scandal involving one of his staff members. dubbed the kissing congressman after the release of a compromising video. mike emanuel live from capitol hill. so why is house leadership

pushing so hard for mcallister to resign? reporter: heather, there isn't much history there. he won a runoff election last november and now says he won't run for reelection. the first most americans knew about mcallister from louisiana was when the video his smooching staffers surfaced. eric cantor told reporters when we took the majority i had said we ought to hold ourselves to a higher standard, what has happened in his instance doesn't meet that standard. i told him i thought he should resign. there is the political reality this fall is an election and republican leadership know they will be running as on the democratic side pointing to republican, desmond behaving badly, so they would like for him just to go. bill: there are 143 world war ii

veterans of which eight are survivors today. now being rewarded 70 years later a medal they have been waiting for. i want to dip in and watch the ceremony. [silence] [applauding] bill: i am certain most of our viewers do not know their story. here it is.

their fighter plane was shot down by german gunfire. which landed them in what amounted to a concentration camp in then-neutral switzerland. for 70 years they did not honor these american war heroes with a simple prisoner of war metal. heather: they waited, they waited for this day to come. bill: and this is one of the surviving eight. [applauding]

>> first lieutenant, paul. [silence] [applauding]

>> first lieutenant james. bill: falls u.s. military reports in the 1970s, inflammatory cable from sweden suggested the aviators were deserters when they were not. the u.s. gentlemen, iraq war veteran, historian, worked for 15 years to get his grandfather's name cleared. and today he has done that. heather: there were nine of them at waited for this day to happen. one of them died before he could

make it to this moment, but his son is there representing him instead. bill, i believe with some of these war war veterans in an honor flight to d.c. when they recount their stories, to them it was just like yesterday. they remember it so clearly, and the emotions, so proud and so humble. >> technical sergeant. [silence] [applauding]

bill: so proud. it took an act of congress and relentless pursuit of justice by a grandson to correct the stain on the honor of more than 135 u.s. war heroes who had been prisoners of war and mislabeled as cowards. [applauding]

we salute all of them at the pentagon today. wanted to share that with you at home watching today. heather: they deserve every moment at home. bill: is it the smoking gun in the benghazi matter? emails from high up and we will talk to trey gowdy live after this. this allergy season, will you be a sound sleeper, or... a mouth breather? well, put on a breathe right strip and instantly open your nose up to 38% more than allergy medicines alone. so you can breathe and sleep. shut your mouth and sleep right. breathe right.

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is this the smoking gun on benghazi? did the white house shape what ambassador sues susan rice to say it was a video cause not terrorism. trey gowdy is at the heart of this investigation. you have been trying to get nrng for a long time. what do you conclude based on the emails? >> it is compelling evidence that the white house was busy spinning the policy moreso than telling the truth. we suspected they were preoccupied pushing this video idea.

congress didn't get the e-mail. and that is the point i would stress. this e-mail came because of court action after 20 months congress still doesn't have the emails and we are not willing to do anything to force them to do so. how many more emails like this? and will it be another 20 months before getting those? >> this is written by ben rodes quote to underscore they are rooted in video and not policy and another one to enforce the president's strength of dealing with challenges. how does that frame the debate? >> when you are steady and strong you don't have to remind people to say it. and there is not one piece of evidence supporting the video.

he was out there saying gm is alive and al qaeda is dead. so god forbid we expose our policy is a failure in libya. it has been 20 months, bill. we didn't even get this e-mail. congress is supposed to provide the oversight. >> the white house argues this only reinforces what we were saying in the beginning. we were working on the best assessment we had at the time. >> here is the first follow-up question. site all of the intelligence and evidence indicating a video was connected to benghazi. go. there is none. there was nothing to support this narrative other than a desire to deflect attention from their ineffective policy.

rather than saying we don't know what caused the attack they went to this video in cairo or this narrative a filmmaker in california is the cause of the four murdered americans because week -- we can -- not say it was our failed policy. site the evidence. sdwl >> what is next? >> you would hope my colleagues in the house would be upset that a private industry is getting more information than we are that would we would use the information we have to compel research. >> does this change what you

thought about how hilary clinton handled it? >> i suspected all along. in fact, one of these days i will be able to prove there was a concerted effort toover up what happened in benghazi and not make it a reflection of the government or the person returning for government. the state department at some point is going to have to explain why they went with a video narrative and who made the decision. the goal was to stress we provide security for the facilities. that wasn't the goal on september 10th. her department denied all of the request for extra security. if you have to tell people you are strong and resolute you probably aren't.

russia's prime minister lashing out against the sanctions. he suggesting american astronauts get to the international space station by trampoline. they currently rely on russian rockets to get there. and analyst saying they don't believe russia will suspend that service. >> our trampolines are better. >> that would be a little difficult, i think. >> a possible new lead in a missing person case that dates back 90 years. the evidence that might help crack the case. >> and capturing the moments a minnesota man murdered two teenages who broke into his house. >> there are no winners in this. my family is out nick and the other family out haley and one set of grandparents is out two

sets of kids. these kids made a dumb mistake.

ñ

chilling oaudio recording released from the minnesota murder trial. byron smith guilty on all charges for killing to teens who broke into house and he recorded the whole thing. here is smith talking to himself after killing both teens: >> i have a mess now. not like spilled food. not like vommit. this is the worst mess possible.

and i am tuck with it. i have not yet called the sheriff. i see them as verman. >> 15 minutes of that tape. brian claypool and doug burns are here. brian, how do you defend that? >> i would have had smith come in and testify and talk about this profound here he had the weeks and months leading up to the shootings to throw the jury the lens he was looking. the other option i would have chosen after hearing the tapes would be a possible mental illness as a mitigating factor to reduce it down to possible

m manslaughter. hearing those tapes he sounds like a man who is mentally ill. >> as a prosecutor, these tapes, is this what did it for the jury? it only took three hours. >> no question about it. he convicted himself in this case. and i say that because if he had not had an audio type of what happened and made the statements he did to the police where he buried himself and described he removed the threat they presented. and he talked about a clean, final kill shot. once the threat was gone he had no further right to use deadly force. >> liken to that of a deer hunter. even went on to say once he shot someone he didn't want them to

suffer trying to explain why high continued to shoot. in the state of minnesota it is legal to do this inside your home if you are in fear for your life amongst other things. but the surveillance tape and the audio tape and you mentioned the possibility of trying to make him seem more human. they did allow the jury to hear this explanation and what he said to authorities when arrested. correct? >> they did. but that doesn't provide a proper context for him making the comments on the audio tape. you hear clips of audio tape and interviews with law enforcement but you don't have him taking the stand to explain what was going through his mind at the moment he make as statement that seems so horrifying. technology has become a third eye of justice is the reality. law enforcement, forensic and

now technology. text messages, phone messages and now an audio. people have to be mindful of what they have saying. >> doug, what do you think will happen next to him? >> i will say this, and i think my colleague finds this interesting. apparently there was information that one of the individuals had broken into his house repeatedly in the house and i think the judge kept a lot of that out so maybe on appeal it could come up. >> and that is why he set this up because he had been burglarized and they had stolen his gun. >> great point about the technology. jon scott is standing by "happening now" is coming your way. >> we are about 11 minutes away. brand new polling. 2016 match ups and rating on

obamacare and views on obama. and gop hopes for retaking the senate. plus, a rising death toll from a series of storms impacting tens of millions americans and now it is pounding rain. updates on holly bobo and amanda knox. >> a reminder at noon eastern. our brand new show called "outnumbered" it is a show featuring four women and one lucky guy. martha said i am one lucky guy every day because i work with her and absolutely right. could we go out like the d dinosaurs? >> i hope not. >> rocks flying around.

that is scary. >> it can't end well if it hits you. vo: once upon a time there was a boy who traveled to a faraway place where villages floated on water and castles were houses dragons lurked giants stood tall and the good queen showed the boy it could all be real avo: whatever you can imagine, all in one place expedia, find yours

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comcast business built for business. deadly asteroid on a collision course with us. harvard scientist report that dark matter could sling shot leather rocks our way -- lethal. co cory page is live here. how are you? should we be afraid? >> it is more a cool story than a scary one from my point of view. we are pretty sure there is a

cloud of comets far from the sun and there is dark matter. things we don't see that have a gravitational pull. these two harvard scientists did a sherlock holmes things. we see impacts at certain times and of black matter. they have a theory that the pull pulls them toward the earth and some hit the earth. >> is that practical or far out idea? >> the dark matter stuff, almost everybody believes that is there. the comets. we are positive almost they are there. every 35 million years is there a cycle where comets rain down?

that is pretty crazy but we are about at the time of the next shower if true. >> how real is this risk or is this something that folks like you worry about only? >> i can tell you, in the list of things to worry about, they are little asteroids that are hitting us all of the time. the little asteroids are not the ones that end civilization it is like a hurricane or earthquake level. bad stuff but not planet ending-stuff. we have no way of predicting or stopping them but now it is p preventable. >> how will we know? >> there is a new european space

craft and that is marking how the stars are moving through the galaxy. if the dark cloud is there there way the astronomers think so they will map it. so in a year or two we will know worry or don't worry. we are on it this time. >> i am going to sleep easy tonight. >> but the dark matter is everywhere. don't worry about that. >> corey powell, thank you. >> what is next, heather? >> new polls showing new trouble spots for the president. plus, how it could play out in november.

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they will all be back as older versions of their original roles and some new faces as well. this picture you're looking at, this was taken from the first cable read with director jj abrams. bill: you dressed up as fences leah one year. heather: not last week. bill: can't wait to see a picture of that. we have to run, "happening now" starts right now. have a great day. ♪ jenna: we start with brand-new polling on the president, his foreign-policy and obamacare. jon: president obama getting slightly better marks on job performance with a new "wall street journal" poll showing 44% of those surveyed approve of job performance by the president. more still disapprove at 50%. a slight uptick of the record low